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14 CFR Ch. I (1–1–24 Edition) 

§ 91.709 

§ 91.709

Operations to Cuba. 

No person may operate a civil air-

craft from the United States to Cuba 
unless— 

(a) Departure is from an inter-

national airport of entry designated in 
§ 6.13 of the Air Commerce Regulations 
of the Bureau of Customs (19 CFR 6.13); 
and 

(b) In the case of departure from any 

of the 48 contiguous States or the Dis-
trict of Columbia, the pilot in com-
mand of the aircraft has filed— 

(1) A DVFR or IFR flight plan as pre-

scribed in § 99.11 or § 99.13 of this chap-
ter; and 

(2) A written statement, within 1 

hour before departure, with the Office 
of Immigration and Naturalization 
Service at the airport of departure, 
containing— 

(i) All information in the flight plan; 
(ii) The name of each occupant of the 

aircraft; 

(iii) The number of occupants of the 

aircraft; and 

(iv) A description of the cargo, if any. 

This section does not apply to the oper-
ation of aircraft by a scheduled air car-
rier over routes authorized in oper-
ations specifications issued by the Ad-
ministrator. 

(Approved by the Office of Management and 
Budget under control number 2120–0005) 

§ 91.711

Special rules for foreign civil 

aircraft. 

(a) 

General.  In addition to the other 

applicable regulations of this part, 
each person operating a foreign civil 
aircraft within the United States shall 
comply with this section. 

(b) 

VFR. No person may conduct VFR 

operations which require two-way 
radio communications under this part 
unless at least one crewmember of that 
aircraft is able to conduct two-way 
radio communications in the English 
language and is on duty during that op-
eration. 

(c) 

IFR. No person may operate a for-

eign civil aircraft under IFR unless— 

(1) That aircraft is equipped with— 
(i) Radio equipment allowing two- 

way radio communication with ATC 
when it is operated in controlled air-
space; and 

(ii) Navigation equipment suitable 

for the route to be flown. 

(2) Each person piloting the air-

craft— 

(i) Holds a current United States in-

strument rating or is authorized by his 
foreign airman certificate to pilot 
under IFR; and 

(ii) Is thoroughly familiar with the 

United States en route, holding, and 
letdown procedures; and 

(3) At least one crewmember of that 

aircraft is able to conduct two-way ra-
diotelephone communications in the 
English language and that crewmember 
is on duty while the aircraft is ap-
proaching, operating within, or leaving 
the United States. 

(d) 

Over water. Each person operating 

a foreign civil aircraft over water off 
the shores of the United States shall 
give flight notification or file a flight 
plan in accordance with the Supple-
mentary Procedures for the ICAO re-
gion concerned. 

(e) 

Flight at and above FL 240. If VOR 

navigation equipment is required under 
paragraph (c)(1)(ii) of this section, no 
person may operate a foreign civil air-
craft within the 50 States and the Dis-
trict of Columbia at or above FL 240, 
unless the aircraft is equipped with ap-
proved DME or a suitable RNAV sys-
tem. When the DME or RNAV system 
required by this paragraph fails at and 
above FL 240, the pilot in command of 
the aircraft must notify ATC imme-
diately and may then continue oper-
ations at and above FL 240 to the next 
airport of intended landing where re-
pairs or replacement of the equipment 
can be made. A foreign civil aircraft 
may be operated within the 50 States 
and the District of Columbia at or 
above FL 240 without DME or an RNAV 
system when operated for the following 
purposes, and ATC is notified before 
each takeoff: 

(1) Ferry flights to and from a place 

in the United States where repairs or 
alterations are to be made. 

(2) Ferry flights to a new country of 

registry. 

(3) Flight of a new aircraft of U.S. 

manufacture for the purpose of— 

(i) Flight testing the aircraft; 
(ii) Training foreign flight crews in 

the operation of the aircraft; or 

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